The “Covid IBD Pharmacy” online store cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
Contents
- General provisions
- Electronic services in the online store
- Terms of concluding a sales contract
- Methods and terms of payment for the product
- Cost, methods and date of delivery and collection of the product
- Warranty, complaints and product returns
- Out-of-court methods of dealing with complaints and pursuing claims and rules of access to these procedures
- Right to withdraw from the contract
- Provisions relating to entrepreneurs
- Final Provisions
1. General provisions
1.1. The online store Covid IBD Pharmacy, available at https://covidibd.org/pharmacy/, is operated by Covid IBD Pharmacy based in Warsaw.
1.2. These Terms and Conditions are directed to both consumers and entrepreneurs using the Online Store (except for point 9 of the Terms and Conditions, which is directed exclusively to entrepreneurs).
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for the purposes, within the scope, and based on the principles indicated in the privacy policy published on the Online Store’s website. The privacy policy contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the bases, purposes, and scope of processing personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the user of the Online Store or the Client is voluntary, except for the cases indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. Business Day – one day from Monday to Friday, excluding public holidays.
1.4.2. Registration Form – a form available in the Online Store that allows for the creation of an Account.
1.4.3. Order Form – an Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. Client – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. Civil Code – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. Account – an Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Service User, where the data provided by the Service User and information about Orders placed by them in the Online Store are collected.
1.4.7. Product – a movable item available in the Online Store which is the subject of a Sales Agreement between the Client and the Seller.
1.4.8. Terms and Conditions – these Terms and Conditions of the Online Store.
1.4.9. Online Store – the Service Provider’s online store available at: https://covidibd.org/pharmacy/.
1.4.10. Seller / Service Provider – the online store Covid IBD Pharmacy, available at https://covidibd.org/pharmacy/, operated by Covid IBD Pharmacy based in Warsaw.
1.4.11. Sales Agreement – a sales contract for the Product concluded or to be concluded between the Client and the Seller through the Online Store.
1.4.12. Electronic Service – a service provided electronically by the Service Provider to the Service User via the Online Store.
1.4.13. Service User – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Service.
1.4.14. Consumer Rights Act / Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827, as amended).
1.4.15. Order – a declaration of will of the Client submitted via the Order Form and aimed directly at concluding a Sales Agreement for the Product with the Seller.
2. Electronic Services in the Online Store
2.1. The following Electronic Services are available in the Online Store: Account, Order Form.
2.1.1. Account – using the Account is possible after completing three consecutive steps by the Service User – filling out the Registration Form, clicking the “Create Account” field, and confirming the desire to create an Account by clicking the confirmation link sent automatically to the provided email address. The Registration Form requires the Service User to provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and password. For Service Users who are not consumers, it is also necessary to provide the company name and VAT number.
2.1.2. The Electronic Service Account is provided free of charge for an indefinite period. The Service User can, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, especially via email or in writing.
2.1.3. Order Form – the use of the Order Form begins when the Client adds the first Product to the electronic basket in the Online Store. Placing an Order occurs after the Client completes two consecutive steps – filling out the Order Form and clicking the “ORDER and PAY” button on the Online Store’s website.
2.1.4. The Electronic Service Order Form is provided free of charge and is one-time, ending when the Order is placed through it or when the Service User stops placing the Order through it earlier.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: – a computer, laptop, or other multimedia device with internet access; – access to email; – an internet browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; – recommended minimum screen resolution: 1024×768; – enabling cookies and Javascript support in the web browser.
2.3. The Service User is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal rights and intellectual property rights of the Service Provider and third parties. The Service User is obliged to enter data consistent with the facts. The Service User is prohibited from providing unlawful content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points 6 and 7 of the Terms and Conditions) can be submitted by the Service User, for example:
2.4.1.1. In writing to the address provided by the Service Provider;
2.4.1.2. In electronic form via email to the address provided by the Service Provider.
2.4.2. It is recommended that the Service User provide in the description of the complaint:
2.4.2.1. Information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity;
2.4.2.2. The Service User’s request;
2.4.2.3. Contact details of the complainant – this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. Conditions for Concluding a Sales Agreement
3.1. The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has placed an Order using the Order Form in the Online Store in accordance with point 2.1.3 of the Terms and Conditions.
3.2. The price of the Product displayed on the Online Store’s website is given in euros and includes taxes. The total price, including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery, and postal fees) and other costs, and if the amount of these fees cannot be determined – the obligation to pay them, the Client is informed about during the Order process, including at the moment the Client expresses the will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store via the Order Form:
3.3.1. The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has placed an Order in the Online Store in accordance with point 2.1.3 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution is made by sending the Client an appropriate email to the email address provided during the placement of the Order, which contains at least the Seller’s statements of receiving the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment the Client receives this email, the Sales Agreement between the Client and the Seller is concluded.
3.4. The recording, securing, and making available to the Client the content of the concluded Sales Agreement occurs by providing these Terms and Conditions on the Online Store’s website and sending the Client the email referred to in point 3.3.2. of the Terms and Conditions.
3.5. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. Methods and Terms of Payment for the Product
4.1. The Seller provides the Client with the following payment methods for the Sales Agreement:
4.1.1. Payment on delivery upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.2. Payment term:
4.2.1. In the case of choosing cash payment upon personal collection, bank transfer, electronic payments, or credit card payments, the Client is required to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. In the case of choosing payment on delivery upon receipt of the shipment, the Client is required to make the payment upon receipt of the shipment.
5. Cost, Methods, and Time of Delivery and Collection of the Product
5.1. Delivery of the Product is available within the territory of Portugal.
5.2. Delivery of the Product to the Client is paid unless the Sales Agreement states otherwise. The delivery costs of the Product (including transport, delivery, and postal fees) are indicated to the Client on the Online Store’s website in the “Delivery Information” section and during the placement of the Order, including at the moment the Client expresses the will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Client is free of charge.
5.4. The Seller provides the Client with the following methods of delivery or collection of the Product:
5.4.1. Courier shipment, cash on delivery courier shipment, postal shipment, and collection from a pickup point (parcel lockers).
5.5. The time of delivery of the Product to the Client is up to 5 Business Days, unless a shorter term is specified in the description of the given Product or during the placement of the Order. In the case of Products with different delivery times, the delivery time is the longest one provided, which, however, cannot exceed 5 Business Days. The start of the delivery period of the Product to the Client is counted as follows:
5.5.1. In the case of choosing payment by bank transfer, electronic payments, or credit card – from the date of crediting the Seller’s bank account or settlement account.
5.5.2. In the case of choosing payment on delivery – from the date of concluding the Sales Agreement.
5.6. The time of readiness of the Product for collection by the Client – in the case of choosing personal collection of the Product, the Product will be ready for collection by the Client within up to 4 Business Days, unless a shorter term is specified in the description of the given Product or during the placement of the Order. In the case of Products with different readiness times for collection, the readiness time for collection is the longest one provided, which, however, cannot exceed 4 Business Days. The Client will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate email to the email address provided during the placement of the Order. The start of the readiness period of the Product for collection by the Client is counted as follows:
5.6.1. In the case of choosing payment by bank transfer, electronic payments, or credit card – from the date of crediting the Seller’s bank account or settlement account.
5.6.2. In the case of choosing cash payment upon personal collection – from the date of concluding the Sales Agreement.
5.7. In the case of ordering a product that is not in stock (missing product size, missing product color, etc.), the seller will inform the buyer about the extended delivery period with the possibility of canceling the placed order at the client’s request.
6. Warranty and Complaints
6.1. The basis and scope of the Seller’s liability towards the Client if the sold Product has a physical or legal defect (warranty) are specified by generally applicable laws, in particular, the Civil Code (specifically in Articles 556-576 of the Civil Code).
6.1.1. The Seller provides a 2-year warranty for the product from the date of sale.
6.2. The Seller is obliged to deliver the Product to the Client without defects.
6.3. A complaint can be submitted by the Client, for example:
6.3.1. In writing to the address provided by the Seller;
6.3.2. Electronically via email to the address provided by the Seller;
6.3.3. By filling out the complaint form on the Complaints page.
6.4. It is recommended that the Client provide in the complaint description:
6.4.1. Information and circumstances regarding the subject of the complaint, particularly the type and date of the defect;
6.4.2. The request for a method to bring the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement;
6.4.3. Contact details of the complainant – this will facilitate and expedite the consideration of the complaint by the Seller. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.5. The Seller will respond to the Client’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Client, being a consumer, requested the replacement of the item or the removal of the defect or submitted a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request was justified.
6.6. The Client who exercises the rights under the warranty is obliged to deliver the defective Product to the address provided by the Seller. In the case of a Client who is a consumer, the cost of delivering the Product is borne by the Seller, while in the case of a Client who is not a consumer, the cost of delivery is borne by the Client. If, due to the type of Product or the method of its installation, the delivery of the Product by the Client would be excessively difficult, the Client is obliged to make the Product available to the Seller at the location where the Product is located.
7. Out-of-Court Methods of Handling Complaints and Pursuing Claims, and Rules of Access to These Procedures
7.1. Detailed information regarding the possibility for a Client who is a consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection.
7.2. A contact point operates at the Office of Competition and Consumer Protection, whose task is, among other things, to assist consumers in matters concerning out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims:
7.3.1. A request to resolve the dispute to a permanent consumer arbitration court.
7.3.2. A request for out-of-court dispute resolution to the regional inspector of the Trade Inspection (more information on the inspector’s website relevant to the location of the Seller’s business);
7.3.3. Assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumers Federation, the Association of Polish Consumers). Advice is provided, among others, by email and through the consumer hotline (the hotline is available on Business Days, from 8:00 to 18:00, call charge according to the operator’s tariff).
7.4. At http://ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between consumers and traders at the EU level (ODR platform). The ODR platform constitutes an interactive and multilingual website with a single point of access for consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or service contracts (more information on the platform’s website or the website of the Office of Competition and Consumer Protection.
8. Right of Withdrawal from the Contract
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiration. The statement of withdrawal from the contract can be submitted, for example:
8.1.1. In writing to the address provided by the Seller;
8.1.2. Electronically via email to the address provided by the Seller;
8.1.3. By filling out the return form on the Returns page.
8.2. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available on the Online Store’s website in the “Return or Complaint” section. The consumer may use the sample form, but it is not mandatory.
8.3. The period for withdrawing from the contract begins:
8.3.1. For a contract in which the Seller issues the Product, being obliged to transfer its ownership (e.g., Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which:
8.3.1.1. Includes multiple Products that are delivered separately, in batches, or in parts – from taking possession of the last Product, batch, or part;
8.3.1.2. Involves regular delivery of Products for a specified period – from taking possession of the first of the Products.
8.3.2. For other contracts – from the date of the contract conclusion.
8.4. In the event of withdrawal from a distance contract, the contract is considered null and void.
8.5. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, refund the consumer all payments made by them, including the cost of delivery of the Product (except for additional costs resulting from the chosen by the Client delivery method other than the cheapest ordinary delivery method available in the Online Store). The Seller makes the refund using the same payment method that the consumer used, unless the consumer has explicitly agreed to a different refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund until they receive the Product back or the consumer provides proof of its return, depending on which event occurs first.
8.6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiration. The consumer may return the Product to the address provided by the Seller.
8.7. The consumer is responsible for the decrease in the value of the Product resulting from using it in a manner beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivering the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct cost of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which – at the explicit request of the consumer – started before the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount to be paid is calculated proportionally to the scope of the service provided, considering the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
8.9.1. For the provision of services, if the Seller has fully performed the service with the explicit consent of the consumer, who was informed before the start of the service that after the performance by the Seller, they will lose the right to withdraw from the contract;
8.9.2. In which the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and which may occur before the withdrawal period;
8.9.3. In which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to meet their individual needs;
8.9.4. In which the subject of the service is a Product that deteriorates rapidly or has a short shelf life;
8.9.5. In which the subject of the service is a Product delivered in sealed packaging, which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
8.9.6. In which the subject of the service are Products that, after delivery, due to their nature, are inseparably mixed with other items;
8.9.7. In which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on fluctuations in the market, which the Seller cannot control;
8.9.8. In which the consumer explicitly requested that the Seller visit them to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the additional services or Products;
8.9.9. In which the subject of the service are audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
8.9.10. For the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
8.9.11. Concluded through a public auction;
8.9.12. For the provision of accommodation services, other than for residential purposes, the transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service provision;
8.9.13. For the delivery of digital content not supplied on a tangible medium, if the performance has begun with the consumer’s explicit consent before the withdrawal period and after informing them by the Seller about the loss of the right to withdraw from the contract.
9. Provisions Regarding Entrepreneurs
9.1. This section of the Terms and Conditions and the provisions contained herein apply exclusively to Clients and Users who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can occur without providing any reason and does not give rise to any claims from the Client who is not a consumer against the Seller.
9.3. In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
9.4. At the moment the Seller hands over the Product to the carrier, the benefits and burdens associated with the Product as well as the risk of accidental loss or damage to the Product are transferred to the Client who is not a consumer. In such a case, the Seller is not responsible for the loss, shortage, or damage to the Product occurring from the acceptance for transport until its delivery to the Client, nor for delays in the shipment’s transport.
9.5. If the Product is sent to the Client via a carrier, the Client who is not a consumer is obliged to examine the shipment in the time and manner accepted for shipments of this type. If it is found that during transport there has been a loss or damage to the Product, the Client is obliged to perform all actions necessary to establish the carrier’s liability.
9.6. According to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards a Client who is not a consumer is excluded.
9.7. In the case of Users who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending an appropriate statement to the User.
9.8. The liability of the Service Provider/Seller towards the User/Client who is not a consumer, regardless of its legal basis, is limited – both within the scope of a single claim, as well as for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand euros. The Service Provider/Seller is liable towards the User/Client who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits in relation to the User/Client who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and the Client/User who is not a consumer shall be submitted to the court competent for the seat of the Seller/Service Provider.
10. Final Provisions
10.1. Contracts concluded through the Online Store are concluded in English.
10.2. Amendment of the Terms and Conditions:
10.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e., changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2. In the case of continuous contracts concluded based on these Terms and Conditions (e.g., provision of Electronic Service – Account), the amended terms bind the User if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e., the User has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in existing ones, the User who is a consumer has the right to withdraw from the contract.
10.2.3. In the case of contracts other than continuous contracts concluded based on these Terms and Conditions (e.g., Sales Agreement), changes to the Terms and Conditions will not in any way affect the rights acquired by Users/Clients who are consumers before the effective date of the changes to the Terms and Conditions, in particular, the changes to the Terms and Conditions will not affect Orders already placed or submitted and Sales Agreements concluded, implemented, or performed.
10.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded with Clients who are consumers from 25 December 2014 – the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014 item 827, as amended); and other relevant generally applicable legal provisions.